Maritime enforcement officers
59.—(1) The following persons are “maritime enforcement officers” for the purposes of this Part—
(a)a commissioned officer of any of Her Majesty’s ships;
(b)a member of the Ministry of Defence Police (within the meaning of section 1 of the Ministry of Defence Police Act 1987(1));
(c)a constable—
(i)who is a member of a police force in England and Wales,
(ii)within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012(2), or
(iii)who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
(d)a special constable—
(i)appointed under section 27 of the Police Act 1996(3),
(ii)appointed under section 9 of the Police and Fire Reform (Scotland) Act 2012, or
(iii)in Northern Ireland, appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847(4);
(e)a constable who is a member of the British Transport Police Force;
(f)a port constable, within the meaning of section 7 of the Marine Navigation Act 2013(5), or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964(6);
(g)a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act)(7);
(h)a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a maritime enforcement officer under this Part.
(2) In this regulation, “a designated NCA officer” means a National Crime Agency officer who is either or both of the following—
(a)an officer designated under section 10 of the Crime and Courts Act 2013(8) as having the powers and privileges of a constable;
(b)an officer designated under that section as having the powers of a general customs official.
1987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.
1996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 26.
1847 c.27. Section 79 was amended by S.I. 2006/2167
1964 c.40. Section 16 was amended by section 29(2) of the Wales Act 2017 (c.4); S.I. 1970/1681; and S.I. 1999/672. Other amendments have been made to section 16 that are not relevant to these Regulations.
2009 c.11. Designated customs officials are designated, as either a general customs official or a customs revenue official, under sections 3 and 11 of this Act respectively.